Farm manager awarded $42k

Tipping is the removal of the non-sensitive end of a horn, whereas dehorning or debudding is the horn being removed down to hair level.

A dairy farm manager sacked for "tipping" cattle horns without anaesthetic has been awarded more than $42,000 in lost wages.

The Rainbow Falls Organic Farm in Kerikeri fired farm manager Alan Rockell for "tipping" the horns of the dairy herd in May 2011 against his employer's wishes.

Allegations later arose of lost production, stock losses, neglected maintenance and equipment damage.

The company sought damages of $426,050 for lost production, stock losses and repairs, but this was declined by the Employment Relations Authority which instead awarded wage arrears to Mr Rockell of $42,793 after he claimed unjustifiable dismissal.

The authority took into account that Mr Rockell did not take holidays or statutory holidays in the five years he was employed by Rainbow Falls.

Authority member Tania Tetitaha said the process leading to Mr Rockell's dismissal was defective.

There were no concerns raised or investigation of the other allegations before his dismissal, and there was no opportunity for him to respond to the concerns before he was sacked, she ruled.

Mr Rockell said he tipped the horns to prevent further injury to other animals, rather than dehorn them. Veterinarian assistance was not called for and anaesthetic was not used.

Tipping is the removal of the non-sensitive end of a horn, whereas dehorning or debudding is the horn being removed down to hair level, which can cause an animal pain or distress if anaesthetic and sedatives are not used.

Rainbow Falls unsuccessfully challenged the authority's determination to award wage arrears of $42,793 along with Mr Rockell's claim for damages for breach of contract.

In court, Rainbow Falls director Allan McKenzie said no written employment agreement was in place because Mr Rockell refused to sign one, saying it was not necessary.

Mr Rockell agreed that a written agreement was unnecessary but disputed that he refused to sign one.

He claims to have worked a full day on every public holiday, even when the cows were dry and accrued 10 weeks' annual leave in 2007. He took two weeks annual leave in the following three years and none in 2009.

He also claimed to have worked 68 weekends that he was otherwise entitled to have off.

Judge Christina Inglis said it was clear that Mr McKenzie relied on his farm manager to manage his own leave when farming commitments allowed and to keep track of his entitlements.